North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031 (9th Cir. 1992). · Go Syfert
North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031 (9th Cir. 1992). Cases Citing This Book View Copy Cite
116 citation events (63 in the last 25 years) across 18 distinct courts.
Strongest positive: Desirous Parties Unlimited Incorporated v. Right Connection Incorporated (nvd, 2024-03-06) · Strongest negative: Walker & Zanger, Inc. v. Paragon Industries, Inc. (cand, 2007-05-03)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 50 distinct citers.
examined Cited "but see" Walker & Zanger, Inc. v. Paragon Industries, Inc. (4×) also: Cited "see, e.g."
N.D. Cal. · 2007 · signal: but see · confidence high
But see North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992) (misquoting § 410(c) as requiring a plaintiff to commence an infringement, suit “within five years after the copyright’s first publication”); Lamps Plus, Inc. v. Seattle Lighting Fixture Co., 345 F.3d 1140 (9th Cir.2003) (same).
cited Cited as authority (rule) Desirous Parties Unlimited Incorporated v. Right Connection Incorporated
D. Nev. · 2024 · confidence medium
N. Coast Indus. v. Jason Maxwell, 25 Inc., 972 F.2d 1031, 1033 (9th Cir. 1992).
discussed Cited as authority (rule) Td Ameritrade, Inc. v. James Matthews
9th Cir. · 2022 · confidence medium
Although copyright registration “establishes a prima facie presumption of the validity of the copyright,” N. Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir. 1992), that presumption may be rebutted, see Desire, LLC v. Manna Textiles, Inc., 986 F.3d 1253, 1259 (9th Cir. 2021).
discussed Cited as authority (rule) TD Ameritrade Holding Corporation v. Matthews
D. Alaska · 2021 · confidence medium
However, the Copyright Act provides that “registration is not a condition of copyright protection.”18 Instead, registration is “[p]ermissive,” and the registration provisions of the Copyright Act merely “establish[] a condition— copyright registration—that plaintiffs ordinarily must satisfy before filing an 14 North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir. 1992). 15 Ent.
discussed Cited as authority (rule) John Anthony Drafting & Design LLC v. Burrell
D. Ariz. · 2019 · confidence medium
Because “originality is the indispensable 9 prerequisite for copyrightability,” the alleged infringer may rebut the presumption of 10 validity by showing that “the [copyright holder’s] work is not original.” N. Coast Indus. 11 v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir. 1992).
discussed Cited as authority (rule) Wolf v. Travolta
unknown court · 2016 · confidence medium
However, “the statutory presumption of validity can be rebutted if the alleged infringer demonstrates that the plaintiffs work ‘is not original but copied from another’s work.’ ” Entm’t Research Grp., Inc. v. Genesis Creative Grp., Inc., 122 F.3d 1211 , 1218 (9th Cir.1997) (quoting N. Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992)); see also Masquerade Novelty, Inc. v. Unique Indus., Inc., 912 F.2d 663, 668-69 (3rd Cir.1990) (“Where, for example, the issue is whether the copyrighted article is ‘original,’ the presumption will not be overcome unless th…
cited Cited as authority (rule) Media.net Advertising FZ-LLC v. NetSeer, Inc.
N.D. Cal. · 2016 · confidence medium
Feb. 11, 2014) (quoting N. Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992)).
discussed Cited as authority (rule) Varsity Brands, Inc. v. Star Athletica, LLC (2×)
6th Cir. · 2015 · confidence medium
Laurent used Mondrian’s famous color-blocking and thick, black stripes to create cocktail dresses known as the “Mondrian look.” See N. Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1032 (9th Cir.1992) (holding that a jury should determine whether the presumption of a valid copyright for a design of the front of pullover tops based on Mondrian designs was rebutted by claimed lack of originality).
discussed Cited as authority (rule) Meridian Textiles, Inc. v. Topson Downs of California, Inc. (2×) also: Cited "see"
9th Cir. · 2015 · confidence medium
The district court held that Meridian’s copyright in its zebra design, registration number S1479, was invalid because the only differences between Meridian’s design and prior art zebra stripe designs were “in the thickness of the lines and orientation of the pattern.” But there is no evidence that Meridian copied its zebra design from prior art, and the district court may not say as a matter of law that “the differences in the placement of geometric shapes should be regarded as trivial.” N. Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1035 (9th Cir.1992).
discussed Cited as authority (rule) Cellular Accessories for Less, Inc. v. Trinitas LLC (2×)
C.D. Cal. · 2014 · confidence medium
N. Coast Indus, v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992).
cited Cited as authority (rule) Alaska Stock, LLC v. Pearson Education, Inc.
D. Alaska · 2013 · confidence medium
Entm’t Research Grp., 122 F.3d at 1217 (citing North Coast Indus, v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992)). . 17 U.S.C. § 410 (c). .
discussed Cited as authority (rule) Lucky Break Wishbone Corp. v. Sears, Roebuck & Co.
W.D. Wash. · 2007 · confidence medium
In Feist , the Supreme Court found originality lacking in the alphabetical arrangement of a telephone directory because alphabetical arrangement was "entirely typical" and the directory was "devoid of even the slightest trace of creativity." Feist, 499 U.S. at 362 , 111 S.Ct. 1282 . i. Independent Creation "Originality . . . means little more than a prohibition against actual copying." North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992) (citation and quotation omitted).
discussed Cited as authority (rule) Bryant v. Gordon
N.D. Ill. · 2007 · confidence medium
The Second and Ninth Circuits hold that “copyrightability is a mixed question of law and fact, at least when it depends (as it usually does) on originality.” Gaiman v. McFarlane, 360 F.3d 644, 648 (7th Cir.2004) (citing Matthew Bender & Co. v. West Publ’g Corp., 158 F.3d 674, 681 (2d Cir.1998); North Coast Indus, v. Jason Maxwell, Inc., 972 F.2d 1031, 1035 (9th Cir.1992)). 5 .
discussed Cited as authority (rule) EXPRESS, LLC v. Fetish Group, Inc.
C.D. Cal. · 2006 · confidence medium
Because “originality is the indispensable prerequisite for copyrightability,” the alleged infringer may rebut the presumption of validity by showing that “the [copyright holder’s] work is not original.” N. Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992).
discussed Cited as authority (rule) Swirsky v. Carey
9th Cir. · 2004 · confidence medium
In this circuit, the definition of originality is broad, and originality means “little more than a prohibition of actual copying.” Three Boys, 212 F.3d at 489 (quoting North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir. 1992)).
discussed Cited as authority (rule) Neil Gaiman and Marvels and Miracles, Llc, Plaintiffs-Appellees/cross-Appellants v. Todd McFarlane Defendants-Appellants/cross-Appellees
7th Cir. · 2004 · confidence medium
Matthew Bender & Co. v. West Publishing Co., 158 F.3d 674, 681 (2d Cir.1998), and North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031, 1035 (9th Cir.1992), hold that copyright-ability is a mixed question of law and fact, at least when it depends (as it usually does) on originality, and that it is therefore an issue for the jury or other factfinder.
discussed Cited as authority (rule) Gaiman, Neil v. McFarlane, Todd
7th Cir. · 2004 · confidence medium
Matthew Bender & Co. v. West Publishing Co., 158 F.3d 674, 681 (2d Cir. 1998), and North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031, 1035 (9th Cir. 1992), hold that copyrightability is a mixed question of law and fact, at least when it depends (as it usually does) on originality, and that it is therefore an issue for the jury or other factfinder.
discussed Cited as authority (rule) ca9 2003
9th Cir. · 2003 · confidence medium
If the plaintiff copyright holder survives the first step, i.e., it establishes that it owns a valid copyright, then the plaintiff must establish infringement by showing both access to its copyrighted material on the part of the alleged infringer and substantial similarity between the copyrighted work and the alleged infringing work. 14 N. Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992); accord Metcalf v. Bochco, 294 F.3d 1069 , 1072 (9th Cir.2002).
cited Cited as authority (rule) Lamps Plus, Inc. v. Seattle Lighting Fixture Co.
9th Cir. · 2003 · confidence medium
N. Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992); accord Metcalf v. Bochco, 294 F.3d 1069, 1072 (9th Cir.2002).
discussed Cited as authority (rule) Newton v. Diamond
C.D. Cal. · 2002 · confidence medium
North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992) (“Under our copyright law, the registration of the copyright certificate itself establishes a prima facie presumption of validity of the copyright in a judicial proceeding .... ”).
cited Cited as authority (rule) No. 98-17072
9th Cir. · 2000 · confidence medium
Smith v. Jackson, 84 F.3d 1213, 1219 (9th Cir. 1996) (quoting North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir. 1992)); 17 U.S.C.
cited Cited as authority (rule) Ets-Hokin v. Skyy Spirits, Inc.
9th Cir. · 2000 · confidence medium
Smith v. Jackson, 84 F.3d 1213, 1219 (9th Cir.1996) (quoting North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992)); 17 U.S.C. § 410 (c).
cited Cited as authority (rule) R. Ready Productions, Inc. v. Cantrell
S.D. Tex. · 2000 · confidence medium
North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031, 1034 (9th Cir.1992) (citing Nimmer § 12.11 [B], n. 50 (1991)). 13 .
examined Cited as authority (rule) ZZ Top v. Chrysler Corp. (3×) also: Cited "see, e.g."
W.D. Wash. · 1999 · confidence medium
See Sid & Marty Krofft Television Prod., 562 F.2d at 1163 n. 5; North Coast, 972 F.2d at 1033 ("The test for substantial similarity is whether the difference between the copyrighted work and the preexisting work is nontrivial.”). 6 .
cited Cited as authority (rule) Quinn v. City of Detroit
E.D. Mich. · 1998 · confidence medium
North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992).
cited Cited as authority (rule) Foamation, Inc. v. Wedeward Enterprises, Inc.
E.D. Wis. · 1996 · confidence medium
North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031,1034 (9th Cir.1992).
discussed Cited as authority (rule) ca1 1996
1st Cir. · 1996 · confidence medium
In support of this proposition, CMM cites to three cases: North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031, 1034 (9th Cir.1992) (holding that whether copyright holder's "expression" of "idea" inspired by French designer was copyrightable was for jury where it was not clear that expression was substantially similar and differences merely trivial); Dezendorf v. Twentieth Century-Fox Film Corp., 99 F.2d 850 (9th Cir.1938) (holding that common-law copyright suit could not be summarily disposed of on motion to dismiss where suit involved question of originality which was one of fact and…
discussed Cited as authority (rule) CMM Cable Rep, Inc. v. Ocean Coast Properties, Inc.
1st Cir. · 1996 · confidence medium
In support of this proposition, CMM cites to three cases: North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031, 1034 (9th Cir.1992) (holding that whether copyright holder’s “expression” of “idea” inspired by French designer was copyrightable was for jury where it was not clear that expression was substantially similar and differences merely trivial); Dezendorf v. Twentieth Century-Fox Film Corp., 99 F.2d 850 (9th Cir.1938) (holding that common-law copyright suit could not be summarily disposed of on motion to dismiss where suit involved question of originality which was one o…
discussed Cited as authority (rule) Smith v. Jackson
9th Cir. · 1996 · confidence medium
A Certificate of Registration only creates a rebuttable presumption of originality applicable to a defendant’s attack on the validity of a plaintiffs copyright. 7 North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992) (“Under our copyright law, the registration of the copyright certificate itself establishes a pri-ma facie presumption of the validity of the copyright in a judicial proceeding_”).
discussed Cited as authority (rule) ca9 1996
9th Cir. · 1996 · confidence medium
A Certificate of Registration only creates a rebuttable presumption of originality applicable to a defendant's attack on the validity of a plaintiff's copyright. 7 North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992) ("Under our copyright law, the registration of the copyright certificate itself establishes a prima facie presumption of the validity of the copyright in a judicial proceeding....").
discussed Cited as authority (rule) Entertainment Research Group, Inc. v. Genesis Creative Group, Inc.
N.D. Cal. · 1994 · confidence medium
The Ninth Circuit has, however, voiced its approval for summary judgment in cases where "no reasonable trier-of-fact could find even trivial differences in the designs, for example, where reproductions are involved.” North Coast Industries v. Jason Maxwell Inc., 972 F.2d 1031, 1034 (9 th Cir.1992) (citing as authority for this state *322 ment Durham infra, the case from which we take our derivative copyright test). 2 .
discussed Cited as authority (rule) Tsion M. Kahssai v. Immigration and Naturalization Service
9th Cir. · 1994 · confidence medium
See Acewicz v. INS, 984 F.2d 1056, 1062 (9th Cir.1993); Castillo-Villagra, 972 F.2d at 1031; cf. Castillo v. INS, 951 F.2d 1117, 1120 (9th Cir.1991) (noting that BIA denied asylum based on past persecution after comparison with Chen); Berroteran-Melendez v. INS, 955 F.2d 1251 , 1255 n. 3 (9th Cir.1992) (only other Ninth Circuit case discussing past persecution, citing Desir).
discussed Cited "see" Simpson Strong-Tie Company Inc. v. MiTek Inc. (2×) also: Cited "see, e.g."
N.D. Cal. · 2023 · signal: see · confidence high
See id.
discussed Cited "see" Honeywell International, Inc. v. Western Support Group, Inc.
D. Ariz. · 2013 · signal: see · confidence high
See N. Coast Indus, v. Jason Maxwell, Inc., 972 F.2d 1031, 1034-35 (9th Cir. 1992) (declining “to accept the view that, as a matter of law the differences in the placement of geometric shapes should be regarded as trivial,” and holding that the “plaintiff-was entitled to have the validity of its copyright determined by a trier-of-fact”).
examined Cited "see" Walker & Zanger, Inc. v. Paragon Industries, Inc. (5×) also: Cited "see, e.g."
N.D. Cal. · 2006 · signal: see · confidence high
See North Coast, 972 F.2d at 1033 ; see also Masquerade Novelty, 912 F.2d at 668-69 ; Durham, 630 F.2d at 908-09 (holding that the presumption of validity was rebutted where “one look” at the plaintiffs allegedly copyrightable figures revealed an absence of originality).
discussed Cited "see" Swirsky v. Carey
9th Cir. · 2004 · signal: see · confidence high
See id. 26 In this circuit, the definition of originality is broad, and originality means "little more than a prohibition of actual copying." Three Boys, 212 F.3d at 489 (quoting North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992)).
discussed Cited "see" O'Well Novelty Co v. Offenbacher
4th Cir. · 2000 · signal: see · confidence high
See North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1034-35 (9th Cir. 1992) (concluding that question of whether plaintiff's work was original or was substantially similar to preexisting work was a question for the jury).
cited Cited "see" Three Boys Music Corp. v. Bolton
9th Cir. · 2000 · signal: see · confidence high
See North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992).
cited Cited "see" Three Boys Music Corporation v. Michael Bolton
9th Cir. · 2000 · signal: see · confidence high
See North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir. 1992).
cited Cited "see" Pickett, Ferdinand v. Prince
7th Cir. · 2000 · signal: see · confidence high
See North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031 (9th Cir. 1992); Rogers v. Koons, 960 F.2d 301, 307 (2d Cir. 1992).
cited Cited "see" Ferdinand Pickett, Cross-Appellee v. Prince
7th Cir. · 2000 · signal: see · confidence high
See North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031 (9th Cir.1992); Rogers v. Koons, 960 F.2d 301, 307 (2d Cir.1992).
cited Cited "see" Gemisys Corp. v. Phoenix American, Inc.
N.D. Cal. · 1999 · signal: see · confidence high
See North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992); Brown Bag Software v. Symantec Corp., 960 F.2d 1465, 1472 (9th Cir.1992).
examined Cited "see" Entertainment Research Group, Inc. v. Genesis Creative Group, Inc. (8×) also: Cited "see, e.g."
9th Cir. · 1997 · signal: see · confidence high
See North Coast, 972 F.2d at 1034-35 (holding that whether the differences between a print for a dress and Mondrian paintings were non-trivial could not be determined as a matter of law at summary judgment).
examined Cited "see" Entertainment Research Group, Inc. v. Genesis Creative Group, Inc. (8×) also: Cited "see, e.g."
9th Cir. · 1997 · signal: see · confidence high
See North Coast, 972 F.2d at 1034-35 (holding that whether the differences between a print for a dress and Mondrian paintings were non-trivial could not be determined as a matter of law at summary judgment).
discussed Cited "see, e.g." Direct Technologies, LLC v. Electronic Arts, Inc. (2×)
9th Cir. · 2016 · signal: see also · confidence medium
See Poe v. Missing Persons, 745 F.2d 1238, 1242-43 (9th Cir. 1984) (explaining that functionality is a question of fact for a jury); see also N. Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1034-35 (9th Cir. 1992) (explaining that originality is a question of fact for a jury).
discussed Cited "see, e.g." SCA Hygiene Products Aktiebolag SCA Personal Care, Inc. v. First Quality Baby Products, LLC (2×)
Fed. Cir. · 2015 · signal: compare · confidence medium
Compare N. Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992) (“If the plaintiff copyright holder survives the first step, i.e., it establishes that it owns a valid copyright, then the plaintiff must establish infringement by showing both access to its copyrighted material on the part of the alleged infringer and substantial similarity between the copyrighted work and the alleged infringing work.”), and Eden Toys, Inc. v. Marshall Field & Co., 675 F.2d 498, 501 (2d Cir.1982) (“Evidence of independent creation may be introduced by p, defendant to rebut a plaintiffs pr…
cited Cited "see, e.g." Oracle America, Inc. v. Google Inc.
Fed. Cir. · 2014 · signal: compare · confidence medium
Compare North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1035 (9th Cir.1992), with Ets-Hokin, 225 F.3d at 1073 .
discussed Cited "see, e.g." Landsted Homes, Inc. v. Sherman
W.D. Wis. · 2002 · signal: see also · confidence medium
See 3 Nimmer on Copyright, § 12.11[B][1] at n. 50; see also North Coast Industries v. Jason Maxwell, Inc., 972 F.2d 1031, 1034 (9th Cir.1992) (“to establish that the plaintiff copied a preexisting work, a defendant must show that plaintiff had access to the prior work and that plaintiffs work is substantially similar to the prior work in both ideas and expression.”).
cited Cited "see, e.g." Educational Testing Service v. Simon
C.D. Cal. · 1999 · signal: see, e.g. · confidence medium
See, e.g., North Coast Indus. v. Jason Maxwell, Inc., 972 F.2d 1031, 1033 (9th Cir.1992); Sid & Marty Krofft Television Prods., Inc. v. McDonald’s Corp., 562 F.2d 1157 , 1162 (9th Cir.1977). 33.
cited Cited "see, e.g." Maljack Productions, Inc. v. UAV Corp.
C.D. Cal. · 1997 · signal: see, e.g. · confidence low
See, e.g., North Coast Indus, v. Jason Maxwell, Inc., 972 F.2d 1031 (9th Cir.1992); Apple Computer, 725 F.2d at 523 .
NORTH COAST INDUSTRIES, Plaintiff-Appellant,
v.
JASON MAXWELL, INC., Defendant-Appellee
H. Michael Brucker, Steven M. Kipper-man Law Corp., Oakland, Cal., for plaintiff-appellant., Michael Delikat, Baer, Marks & Upham, New York City, and Peter A. Wald, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for defendant-appellee.
Schroeder, Reinhardt, Kleinfeld.
Cited by 52 opinions  |  Published
SCHROEDER, Circuit Judge:

This is an appeal from an entry of summary judgment in favor of the defendant in a copyright infringement action. The dispute is between two competing manufacturers of women’s clothing. Plaintiff-appellant North Coast Industries has a copyright on the design in question. The design is a geometric arrangement of color blocks banded in heavy lines, used by the plaintiff on the front of pullover tops. Plaintiff filed this action for copyright infringement, under 17 U.S.C. § 501 (1988), against the defendant-appellee Jason Maxwell, Inc., after the defendant began selling tops with a very similar geometric design. North Coast’s design is designated “Style 7114” and was created by a North Coast designer who was undeniably influenced by the work of the great twentieth century painter Piet Mondrian. In the fashion industry, the work of Mondrian is still principally associated with the French fashion designer Yves St. Laurent who was the first to adapt the type of rectangular block designs used by Mondrian to women’s clothing. The “Mondrian look,” as it appeared in St. Laurent’s dress designs, was widely popular in the 1960’s.

[*1033] To establish copyright infringement, the holder of the copyright must prove both valid ownership of the copyright and that there was infringement of that copyright by the alleged infringer, who in this case is the defendant Jason Maxwell. If the plaintiff copyright holder survives the first step, i.e., it establishes that it owns a valid copyright, then the plaintiff must establish infringement by showing both access to its copyrighted material on the part of the alleged infringer and substantial similarity between the copyrighted work and the alleged infringing work. See generally Sid & Marty Krofft Television v. McDonald’s Corp., 562 F.2d 1157, 1162 (9th Cir.1977).

In this case, the district court ruled that the plaintiff foundered on the first requirement in that the plaintiff had failed to establish that it had a valid copyright. The district court ruled on summary judgment that design 7114 had been copied from the work of Mondrian and St. Laurent because in its view the design contained no nontrivial differences from the masters’ work and, more specifically, from a design of St. Laurent that had been featured prominently in a recent fashion magazine display. For ease of understanding, we have reproduced in the appendix a sketch of the St. Laurent design (Sketch A), the North Coast design 7114 (Sketch B), and the allegedly infringing design of Jason Maxwell, Inc., (Sketch C).

Our review of the district court’s decision must therefore focus on whether design 7114 was copyrightable. Under our copyright law, the registration of the copyright certificate itself establishes a prima facie presumption of the validity of the copyright in a judicial proceeding if, as here, the judicial proceeding is commenced within five years of the copyright’s first publication. 17 U.S.C. § 410(c); S.O.S., Inc. v. Payday, Inc., 886 F.2d 1081, 1085-86 (9th Cir.1989). However, that presumption may be rebutted by a showing on the part of the defendant that the plaintiff’s work is not original. Originality is the indispensable prerequisite for copyright-ability. Kamar Intern., Inc. v. Russ Berrie and Co., 657 F.2d 1059, 1061 (9th Cir.1981). The originality requirement, however, does not mean that for valid copyright protection, the copyright must represent something entirely new under the sun. As we explained in Sid & Marty Krofft Television:

The work offered for registration need not be new, but only original, i.e., the product of the registrant, [citations omitted]. As stated in Alfred Bell & Co. v: Catalda Fine Arts, 191 F.2d 99, 102-03 (2d Cir.1951):

“Original” in reference to a copyright work means that the particular work “owes its origin” to the “author.” No large measure of novelty is required. * * * All that is needed to satisfy both the Constitution and the statute is that the “author” contributed something more than a “merely trivial” variation, something recognizably “his own.” Originality in this context “means little more than a prohibition of actual copying;” No matter how poor artistically the “author’s” addition, it is enough if it be his own (citations omitted).

562 F.2d 1157, 1163 n. 5 (quotations omitted).

The test for substantial similarity is whether the difference between the copyrighted work and the preexisting work is non-trivial. The presumption of validity of copyright registration can be rebutted by a showing on the part of the defendant that the plaintiff’s work is not original but copied from another’s work. As the district court correctly observed, a defendant may challenge the originality of a plaintiff’s design by showing that it is in fact a copy of a preexisting one. The district court was also correct in pointing out that such a showing by the defendant, that the plaintiff’s work lacked originality, normally proceeds in the same manner in which a plaintiff proves infringement when the question of defendant’s infringement is reached. Thus in order to establish that the plaintiff copied a preexisting work, a defendant must show that plaintiff had access to the prior work and that plaintiff’s work is substantially similar to the prior work in both[*1034] ideas and expression. As Professor Nim-mer has stated, “[p]roof that the plaintiff copied from prior works should involve the same elements ... as are required to establish copying by the defendant from the plaintiff, i.e., access and similarity.” 3 Melville B. Nimmer & David Nimmer, Nim-mer on Copyright § 12.11[B] n. 50 (1991).

In this case, the defendant seeks to show that the plaintiff copied design 7114 from the work of Mondrian and St. Laurent. There is no question that the plaintiff had access to such work. Plaintiffs designer admittedly studied Mondrian, and no knowledgable person in the fashion industry is unaware of the work of St. Laurent, whose Mondrian inspired work was showcased in a recent industry publication. Our inquiry, therefore, must focus on whether the district court properly determined, as a matter of law, that design 7114 was substantially similar to the preexisting work, i.e., whether the district court properly determined on summary judgment that the creative differences between design 7114 and the preexisting Mondrian-St. Laurent work were trivial. We conclude that the district court erred and that the question is one of fact for the jury.

The seminal case in our circuit on substantial similarity for copyright purposes in the world of art and entertainment is Sid & Marty Krofft Television v. McDonald’s Corp., 562 F.2d 1157 (1977). This court there grappled with the long-standing problem of how to reward creativity without inhibiting the free use of the ideas that are the building blocks of creativity. We sought to give some practical meaning to the “axiom of copyright law that the protection granted to a copyrighted work extends only to the particular expression of the idea and never to the idea itself.” Id. at 1163 (citing Mazer v. Stein, 347 U.S. 201, 217-18, 74 S.Ct. 460, 470-71, 98 L.Ed. 630 (1954); Baker v. Selden, 101 U.S. 99, 102-03, 25 L.Ed. 841 (1879)).

In Krofft we separated the issue of similarity of general ideas from the issue of similarity of expression by applying a separate test for each. The test for similarity of general ideas, which we termed the “extrinsic test,” is generally a question of law for the court because it turns “not on the responses of the trier of fact, but on specific criteria which can be listed and analyzed.” Id. at 1164. If idea similarity is found, then the trier-of-fact must decide “whether there is substantial similarity in the expressions of the ideas so as to constitute infringement.” Id. This we labeled in Krofft as the “intrinsic test” because it depends “on the response of the ordinary reasonable person.” Id. While on its face, the “intrinsic test” as to expression appears to preclude an entry of summary judgment, this court has not hesitated in granting summary judgment where no reasonable trier-of-fact could find substantial similarity. Berkic v. Crichton, 761 F.2d 1289 (9th Cir.), cert. denied, 474 U.S. 826, 106 S.Ct. 85, 88 L.Ed.2d 69 (1985); Litchfield v. Spielberg, 736 F.2d 1352 (9th Cir.1984), ce rt. denied, 470 U.S. 1052, 105 S.Ct. 1753, 84 L.Ed.2d 817 (1985); See v. Durang, 711 F.2d 141 (9th Cir.1983). Likewise, summary judgment has been granted where no reasonable trier-of-fact could find even trivial differences in the designs as, for example, where reproductions are involved. See Durham Industries v. Tomy Corporation, 630 F.2d 905 (2d Cir.1980).

In this case, we are presented with a design of rectangular shapes that .is similar to but not identical to the St. Laurent design inspired by Mondrian. The district court concluded that the only variations that distinguished design 7114 from the St. Laurent design, were the location of the vertical band and the proportion of the rectangular shapes. In the court’s mind, these variations were “trivial in their impact upon the idea represented by this design,” and thus were not entitled to copyright protection. The district court did not focus on the critical distinction between the idea and expression of the idea that is so fundamental to our copyright law. While the “idea” of using bounded geometric figures in a pattern is clearly one which the plaintiff borrowed, it is by no means clear that the “expressions” of that idea, in the configurations of geometric figures in the St. Laurent’s design and design 7114 (figures A & B), are substantially similar and[*1035] the differences merely trivial. Mondrian’s own claim to fame comes from his use of such geometric shapes in a uniquely characteristic style. Mondrian “developed a distinctive style of nonobjective painting based on the reduction of pictorial elements to vertical and horizontal lines, using the three primary colours and non-colours. His work has exerted a powerful influence on 20th-century art, including architecture, advertising art, and topography.” 12 En-cyclopaedia Britannica 343 (15th ed.) (1982). [1] If we were to accept the view that, as a matter of law the differences in the placement of geometric shapes should be regarded as trivial, we would be forced to conclude that Mondrian’s creativity with geometric shapes ended with his first painting,, and that he went on to paint the same painting a thousand times. This is not the judgment of art history, and it cannot be the correct judgment of a court as a matter of law. The plaintiff was entitled to have the validity of its copyright determined by a trier-of-fact.

REVERSED AND REMANDED.

[*1036] APPENDIX

[[Image here]]

SKETCH A

Yves St. Laurent’s rendition of Mondrian’s painting, commonly seen on women’s dresses.

[*1037] [[Image here]]

SKETCH B

Geometric design produced and copyrighted by North Coast Industries.

[*1038] [[Image here]]

SKETCH C

Allegedly infringing design produced by Jason Maxwell.

1

. Mondrian developed an entirely non-representational style.... [H]e restricts his design to horizontals and verticals and his colors to the three primary hues, plus black and white. Every possibility of representation is thereby eliminated.... He was interested solely in relationships and wanted no distracting elements or fortuitous associations.... Strange as it may seem, Mondrian’s exquisite sense for nonsymmetrical balance is so specific that critics well acquainted with his work have no difficulty in distinguishing fakes from genuine pictures.

Horst W. Janson, History of Art 729-730 (1991) (revised and expanded by Anthony F. Janson).